Tradename infringement

[wdurr]

I sell on Etsy and Amazon and in the description of my product I refer to a competitors name that my product can be used with their product. For instance a Necklace chain can be used with XYZ Locket. Is this name infringement? I make it very clear that I m not their brand as their brand cannot be sold on those sites.

 

[quincy]

I sell on Etsy and Amazon and in the description of my product I refer to a competitors name that my product can be used with their product. For instance a Necklace chain can be used with XYZ Locket. Is this name infringement? I make it very clear that I m not their brand as their brand cannot be sold on those sites.

If you are using another's trademarked name in a descriptive way only, and not trying to trade off the name (ie, attract people to your product by using the trademarked name or make others believe the trademark holder supports or endorses your product), you should be able to support as "fair use" any trademark infringement claim filed against you. See 15 USC Section 1115(b)(4) of the Lanham Act.

Even if your use of the competitor's trademarked name can be defended as a fair use, this does not mean the trademark holder will not take exception to your use and it does not mean that the trademark holder will not contact Etsy and Amazon and have your product pulled and it does not mean a trademark holder will not file a claim against you. Whether any of that is likely to happen or not is something I can't answer. Some trademark holders are more aggressive than others.

You can have the ad for your product personally reviewed by an IP attorney in your area for an assessment of your risks.